Sec. 74001. Modification of eligibility criteria for beneficiary developing countries
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Section 502 of the Trade Act of 1974 ( 19 U.S.C. 2462 ) is amended— in subsection (b)(2)— by inserting after subparagraph
(H)the following: Such country has failed, in a manner affecting trade or investment— to effectively enforce its environmental laws or regulations through a sustained or recurring course of action or inaction; or to adopt and maintain measures implementing its obligations under common multilateral environmental agreements. Such country engages in gross violations of internationally recognized human rights in that country (including any designated zone in that country). ; and in the text following subparagraph
(J)(as inserted by subparagraph (A)), by striking and
(H)(to the extent described in section 507(6)(D)) and inserting
(H)(to the extent described in section 507(6)(D)), (I), and
(J); and in subsection (c)— in paragraph (6)(B), by striking ; and and inserting a semicolon; in paragraph (7)— by striking whether and all that follows through afford and inserting the extent to which such country is affording ; and by striking the period at the end and inserting a semicolon; and by adding at the end the following: the extent to which such country is effectively enforcing its environmental laws and regulations and adopting and maintaining measures implementing its obligations under common multilateral environmental agreements; the extent to which such country is achieving the goals described in section 3(b) of the Women’s Entrepreneurship and Economic Empowerment Act of 2018 ( 22 U.S.C. 2151–2(b) ); the extent to which such country has established, or is making continual progress toward establishing— the rule of law, political pluralism, and the right to due process, a fair trial, and equal protection under the law; economic policies to reduce poverty, increase the availability of health care and educational opportunities, expand physical infrastructure, promote the development of private enterprise, and encourage the formation of capital markets through micro-credit or other programs; and a system to combat corruption and bribery, such as signing and implementing the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, done at Paris December 17, 1997, and entered into force February 15, 1999 (TIAS 99–215); and the extent to which such country— has refrained from imposing, or has eliminated, digital trade barriers, including unnecessary or discriminatory data localization or data transfer restrictions; and has taken steps in the digital environment to support consumer protections, the privacy of personal information, and open digital ecosystems. . Section 502 of the Trade Act of 1974 ( 19 U.S.C. 2462 ) is amended— in subsection (d)(1), in the second sentence— by striking shall consider and inserting the following: “shall— consider ; by striking the period at the end and inserting ; and ; and by adding at the end the following: hold a public hearing or provide for a period of not less than 30 days for submission of comments by the public. ; and in subsection (f)(2)— in the paragraph heading, by inserting after or suspension ; termination by inserting or suspend after terminate each place it appears; and by inserting or suspension after termination . Section 502 of the Trade Act of 1974 ( 19 U.S.C. 2462 ) is amended by adding at the end the following: The United States Trade Representative shall publish in the Federal Register a notice of, and the rationale for, any determination of the Trade Representative with respect to a petition for review of the eligibility of a country for designation as a beneficiary developing country, including a determination— to accept or deny such a petition; to continue to review the eligibility of the country; or to withdraw, suspend, or limit the application of duty-free treatment under this title with respect to the country. . Section 507 of the Trade Act of 1974 ( 19 U.S.C. 2467 ) is amended— in paragraph (4)— in subparagraph (D), by striking ; and and inserting a semicolon; in subparagraph (E), by striking the period at the end and inserting ; and ; and by adding at the end the following: the elimination of all forms of discrimination with respect to occupation and employment. ; and by adding at the end the following: The term common multilateral environmental agreement , for purposes of determining the eligibility of a country for designation as a beneficiary developing country under this title, means any agreement specified in subparagraph
(B)to which both the United States and that country are full parties, including any current or future mutually agreed upon protocols, amendments, annexes, or adjustments to such an agreement. The agreements specified in this subparagraph are the following: The Convention on International Trade in Endangered Species of Wild Fauna and Flora, done at Washington March 3, 1973 (27 UST 1087; TIAS 8249). The Montreal Protocol on Substances that Deplete the Ozone Layer, done at Montreal September 16, 1987. The Protocol of 1978 Relating to the International Convention for the Prevention of Pollution from Ships, 1973, done at London February 17, 1978. The Convention on Wetlands of International Importance, Especially as Waterfowl Habitat, done at Ramsar February 2, 1971 (TIAS 11084). The Convention on the Conservation of Antarctic Marine Living Resources, done at Canberra May 20, 1980 (33 UST 3476). The International Convention for the Regulation of Whaling, done at Washington December 2, 1946 (62 Stat. 1716). The Convention for the Establishment of an Inter-American Tropical Tuna Commission, done at Washington May 31, 1949 (1 UST 230). .
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- 22 USC 2151–2(b)
- 62 Stat. 1716
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Sec. 74001
Modification of eligibility criteria for beneficiary developing countries
Cite22 USC 2151–2(b)
Stat.62 Stat. 1716
Cites 4Cited by 0 across 0 sources